High Court of Judicature at Allahabad
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Chand Mian v. State Of U.P. And Others - WRIT - C No. 13973 of 2006  RD-AH 5491 (8 March 2006)
Civil Misc. W.P. No. 13973 of 2006
Hon'ble Sushil Harkauli, J.
Hon'ble Vikram Nath, J.
Some similar orders has been passed by us in other writ petitions and, therefore, we issue the interim direction as follows after hearing learned counsel for the petitioner and the learned standing counsel. The standing counsel may file a counter affidavit within a month. List thereafter.
In the meantime, operation of the impugned cancellation order dated 5th December 2005 will remain stayed on the ground that it has been passed without opportunity of hearing being given to the petitioner.
A perusal of the impugned order dated 5.12.2005 indicates that the explosives licence of the petitioner has been cancelled on the ground that his fire works manufacturing unit is located in a populated area, which is a hazard to the people living nearby in case of an accidental fire or explosion.
We, therefore, direct the licensing authority to give the full facts in the form of a notice to the petitioner indicating the hazard and requiring the petitioner to indicate a place outside the abadi where the petitioner's manufacturing unit can be shifted. If such a place is indicated by the petitioner, the same will be examined by the licensing authority about suitability and if found suitable, the licensing authority will permit the petitioner to shit his manufacturing unit to the new site and the licence will be amended accordingly in respect of the place of manufacture.
However, if the petitioner fails to indicate the new place or if he fails to shift the unit, it will be open to the licensing authority to pass a fresh order suspending or cancelling the licence as the case may be, in public interest.
Dated : March 8, 2006
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